Sec. 10. (a) An owner of a property that remains a vacant structure or an abandoned structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500) per vacant structure or abandoned structure, not to exceed five thousand dollars ($5,000) per structure per year, unless:

(1) documentation has been filed and approved by the enforcement authority that indicates the owner’s intent to eliminate the vacant structure or abandoned structure status of the property;

Terms Used In Indiana Code 36-7-36-10

  • abandoned structure: means any of the following:

    Indiana Code 36-7-36-1

  • enforcement authority: has the meaning set forth in IC 36-7-9-2. See Indiana Code 36-7-36-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • owner: means a person that holds a substantial interest in property in the form of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser. See Indiana Code 36-7-36-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • vacant structure: means a structure or building that is not being occupied by an owner, tenant, or others authorized by the owner. See Indiana Code 36-7-36-6
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) the owner is current on all property taxes and special assessments; and

(3) at least one (1) of the following applies:

(A) The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order.

(B) The structure is:

(i) maintained in compliance with this chapter; and

(ii) actively being offered for sale, lease, or rent.

(C) The owner can demonstrate that the owner made a diligent and good faith effort to implement actions approved by the enforcement authority.

     (b) If the structure continues to remain a vacant structure beyond the initial ninety (90) days described in subsection (a) and the owner does not meet any of the exceptions set forth in this section, the enforcement authority may continue to assess penalties each year on each structure in the following amounts:

(1) One thousand dollars ($1,000) for the second ninety (90) calendar day period each structure remains a vacant structure or an abandoned structure.

(2) One thousand five hundred dollars ($1,500) for the third ninety (90) calendar day period each structure remains a vacant structure or an abandoned structure.

(3) Two thousand dollars ($2,000) for the fourth and each subsequent ninety (90) calendar day period thereafter each structure remains a vacant structure or an abandoned structure.

A civil penalty under this subsection may not exceed five thousand dollars ($5,000) per structure per year.

As added by P.L.88-2009, SEC.15.

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